Chapter 32 - Protest Procedures

32.4 Determination of supplier non-responsibility

A supplier found to be nonresponsible for a particular procurement by a purchasing agency in accordance with § 2.2-4359 of the Code of Virginia will be notified in writing of the results of the finding and the purchasing agency shall disclose the factual support for the determination. If requested by the supplier within five business days after receipt of the notice, the supplier has an opportunity to inspect any agency documents which relate to the determination. Within ten business days after receipt of the notice, the supplier may submit rebuttal information challenging the evaluation. Within five business days of receipt of the rebuttal information, the purchasing agency shall issue its written determination of responsibility based on all information, with return receipt requested, stating the basis for the determination. A determination of nonresponsibility will be final unless the supplier, within ten days after receipt of the notice, initiates an ADR using VITA’s ADR procedures (Alternative Dispute Resolution Procedure) or appeals to the appropriate circuit court (§ 2.2-4364 of the Code of Virginia) .

If the award has not been made, the supplier’s sole relief shall be a finding that the supplier is a responsible bidder for the contract in question. If an action is brought in the appropriate circuit court challenging the determination of nonresponsibility and the Court finds that the supplier is a responsible bidder, the court may direct the public body to award the contract to such supplier in accordance with the requirements of § 2.2-4364 of the Code of Virginia and the terms and conditions of the solicitation. Documentation reflecting the sole source determination of non-responsibility and any protest and decision with respect to such protest along with any written notification to supplier shall be included in the procurement file.

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